In what is clearly an abuse of judicial process, the High Court at Lautoka has granted an order to four dissidents of TISI Sangam to contest Sangam elections this weekend.
Parveen Kumar Bala, Dorsami Naidu, Raja Kumaran and Avinash Reddy were suspended by the TISI Sangam National Council last month after they abused the election process during the TIV (Youth) Sangam meeting in May. This led to the cancellation of the AGM of the main body of Sangam - TISI Sangam.
Bala is a Vice President of Sangam, Naidu (a veteran lawyer) is the immediate past president, Kumaran is also a Vice President while Reddy, who is a Suva- based lawyer, is an official of Sangam's Suva branch.
Sources have confirmed that late last Friday - around 5pm, the four (through an ex-parte action in the Lautoka High Court) obtained an order from recently appointed judge Sunil Sharma, allowing them to contest the Sangam elections, despite the suspension.
Legal sources say this is an abuse of the judicial process because an ex-parte action must not be entertained by the Court when there are two parties required to operate within the rules of their organisation - in this case the Constitution of Sangam.
They add the granting of orders on an ex-parte action means Sangam's Constitution was disregarded by the judge because the suspension would have been in accordance with the Constitution.
They also point out that in a previous and recent case taken to Court by the current office bearers of Sangam to obtain orders against the dissident group, the Court did not entertain the ex-parte action but required the other party - Bala's group - to be informed and be present in Court.
But the judge did not adhere to this practice of fair play and justice last Friday.
The question that has to be asked is why has the Court granted the order on an ex-parte action, in what is a blatant abuse of the judicial process?